HB 781

1	A bill to be entitled
2	An act relating to the licensing and regulating of
3	children's centers and family day care homes in Pinellas
4	County; amending chapter 61-2681, Laws of Florida, as
5	amended; redefining the terms "children's center" and
6	"family day care home"; authorizing the provision of child
7	care for a period longer than otherwise authorized for a
8	child whose parent or legal guardian works a shift of 24
9	hours or more; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsections (1), (5), and (6) of section 2 of
14	chapter 61-2681, Laws of Florida, as amended by section 1 of
15	chapter 70-893, Laws of Florida, are amended to read:
16	Section 2.  Definitions.--
17	(1)  A children's center includes any day nursery, nursery
18	school, kindergarten, or other facility whatsoever which, with
19	or without compensation, cares for five (5) or more children
20	seventeen (17) years of age or under, not related to the
21	operator by blood, marriage, or adoption, away from the child's
22	own home for from two (2) to twelve (12) hours per day per
23	child. This term shall not be construed to include any center
24	under the jurisdiction of the state board of education or to
25	include any nonpublic academic school except in regard to
26	children below first grade level.
27	(5)(a)  A family day care home means a facility for child
28	care in a place of residence of a family, person, or persons who
29	receive no more than four (4) children under seventeen (17)
30	years of age away from their own homes who are not related to
31	such person or persons by blood, marriage, or adoption, for the
32	purpose of providing family care and training for such children
33	for from two (2) to twelve (12) hours per day. No more than
34	three (3) of the four (4) children may be under two (2) years of
35	age. This term shall not be construed to include children above
36	first grade level except in homes where children below first
37	grade level are also received for care.
38	(b)  Under special circumstances, family day care homes may
39	be licensed to care for children twenty-four (24) hours a day.
40	To fall under the administration of the license board, these
41	family day care homes may not receive children from any licensed
42	child-placing agencies. These family day care homes shall meet
43	the same minimum standards established by the state welfare
44	board for the care of children under seventeen (17) years of age
45	being cared for away from their own parents or guardians, except
46	where the requirements are in conflict with this law or changed
47	as provided herein.
48	(6)  Children's centers licensed hereunder shall not
49	provide provided regular overnight care for children.
50	(a)  Overnight care on New Year's Eve and other similar
51	occasions to be specified by the license board for a number not
52	in excess of the total enrollment authorized on its license is
53	permissive, subject to the determination by the license board
54	that such overnight care is reasonable under the circumstances.
55	(b)  In addition, child care may be provided for 24 hours
56	or longer for a child whose parent or legal guardian works a
57	shift of 24 hours or more. The requirement that a parent or
58	legal guardian work a shift of 24 hours or more must be
59	certified in writing by the employer, and the written
60	certification must be maintained in the facility by the child
61	care provider and made available to the license board and the
62	state child care licensing agency. The time that a child remains
63	in child care, however, may not exceed 72 consecutive hours in
64	any 7-day period. During a declared state of emergency, the
65	license board or the state child care licensing agency may
66	temporarily waive the time limitations provided in this
67	paragraph.
68	Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.